The nature, extent, and duration of injury are the most important factors that determine the amount of damages awarded to the injured person More severe cases like nerve trauma, or disfiguring or debilitating injuries and injuries that will remain permanent for the rest of the patient’s life, complete with the right documentation will rightly qualify for a much greater compensation than a compensation for a minor injury. This will include the extent of treatment and long term rehabilitation.
The defendant’s liability must be determined. If an individual is solely responsible for the injury suffered by a patient the compensatory damages requested will be fully awarded to the victim. However if the defendant is partially at fault the amount of damages awarded maybe reduced. In some cases there may be more than one possible defendant and the damages may be assessed according to each defendant’s culpability.
Comparative and Contributory Negligence
Pure Contributory Negligence is one of the best defenses available to a defendant to mitigate the amount of damages he has to pay the plaintiff. Both of these defenses are based on an assessment of fault towards the plaintiff. If the defendant can prove pure contributory negligence it will be a much favorable result for the defendant.
The Comparative Negligence has two versions: the Pure and Limited Comparative Negligence.
In Pure Comparative Negligence, the award of damages to the plaintiff is proportional to the plaintiff’s percentage of fault. In Limited Comparative Negligence, in order for the plaintiff to receive any damages, the plaintiff must not be more than 50% liable and will be adjusted according to the plaintiff’s and defendant’s percentage of fault.
We at Oliver Law Firm have more than 20 years’ experience with a leading attorney in Columbus Ohio and Columbus Metro Area. We will set out to reach for the fairest, proper and best compensation for you. Seek the help of the leading Ohio medical malpractice attorney Jami S. Oliver for your legal options. Call us now at (614) 220-9100 to schedule a consultation.